Report Title:

UH; BORs; Selection Commission; Community Colleges; Const. Amend

Description:

Proposes an amendment to the Hawaii Constitution to create a separate board of regents for the University of Hawaii community colleges. Requires a selection commission for appointments to each board. Establishes 10-year terms for members. (SD1)

THE SENATE

S.B. NO.

1064

TWENTY-THIRD LEGISLATURE, 2005

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

Relating to the university of hawaii.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to propose an amendment to articles X and XVIII of the Constitution of the State of Hawaii to create a separate board of regents for the University of Hawaii community colleges, require the members of the two boards of regents to serve ten-year terms, and establish a selection commission for appointments to the boards.

SECTION 2. Article X of the Constitution of the State of Hawaii is amended by adding two new sections to be appropriately designated and to read as follows:

"UNIVERSITY OF HAWAII COMMUNITY COLLEGE SYSTEM

Section  . The University of Hawaii community college system is hereby established and constituted a body corporate. It shall have title to all the real and personal property now or hereafter set aside or conveyed to it, which shall be held in public trust for its purposes, to be administered and disposed of as provided by law.

BOARD OF REGENTS OF THE UNIVERSITY OF HAWAII

COMMUNITY COLLEGE SYSTEM; POWERS

Section  . There shall be a board of regents of the University of Hawaii community college system, the members of which shall be nominated and, by and with the advice and consent of the senate, appointed by the governor from a pool of qualified candidates screened and proposed by a selection commission for the board of regents of the University of Hawaii community college system as provided by law. Members shall serve ten-year terms. At least part of the membership of the board shall represent geographic subdivisions of the State. The board shall have the power to formulate policy and to exercise control over the community college system through its executive officer, the president of the community college system, who shall be appointed by the board. The board shall also have exclusive jurisdiction over the internal structure, management, and operation of the community college system. This section shall not limit the power of the legislature to enact laws of statewide concern. The legislature shall have the exclusive jurisdiction to identify laws of statewide concern."

SECTION 3. Article X, section 6, of the Constitution of the State of Hawaii is amended to read as follows:

"BOARD OF REGENTS; POWERS

Section 6. There shall be a board of regents of the University of Hawaii, the members of which shall be nominated and, by and with the advice and consent of the senate, appointed by the governor[.] from a pool of qualified candidates screened and proposed by a selection commission for the board of regents of the University of Hawaii as provided by law. Members shall serve ten-year terms. At least part of the membership of the board shall represent geographic subdivisions of the State. The board shall have the power to formulate policy, and to exercise control over the university through its executive officer, the president of the university, who shall be appointed by the board. The board shall also have exclusive jurisdiction over the internal structure, management, and operation of the university. This section shall not limit the power of the legislature to enact laws of statewide concern. The legislature shall have the exclusive jurisdiction to identify laws of statewide concern."

SECTION 4. Article XVIII of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:

"BOARD OF REGENTS; SELECTION COMMISSION; TRANSITION

Section  . Upon the ratification of the amendment to article X, section 6, establishing a selection commission, the members of the board of regents of the University of Hawaii shall continue to serve their terms of office until they are replaced by appointed members who are screened and proposed by the selection commission, as provided by law."

SECTION 5. The question to be printed on the ballot shall be as follows:

"Shall the University of Hawaii be restructured so that the community colleges are headed by their own board of regents, the members of the two boards of regents are appointed through selection commissions, and board members serve ten-year terms?"

SECTION 6. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 7. This Act shall take effect upon compliance with article XVIII, section 3, of the Constitution of the State of Hawaii.